Subscribe to our mailing list and receive tips, articles, and information to help you get your life back on track after the divorce. A Newport News family law attorney isn't limited to cases that involve divorce or child custody disputes. A family law attorney can also assist in a stepparent adoption in Virginia.
While stepparent adoptions are generally positive experiences, there are specific rules that apply in a stepparent adoption in Virginia and certain bumps in the road that can complicate the process in some cases.
Parental Rights and Stepparent Adoption in Virginia
Issues involving parental consent are important in any Virginia stepparent adoption case in which both biological parents are alive. The state of Virginia considers the relationship between a child and his or her biological parents to be primary. Even if a biological parent is absent from the child's life, he or she retains parental rights until a court decides otherwise.
In a Virginia stepparent adoption, the act of adoption terminates the parental rights and obligations of the non-custodial parent. Because of this, a biological parent needs to consent to a stepparent adoption.
If the child's non-custodial parent is deceased or unknown, the adoption can go forward uncontested. If the non-custodial parent refuses to consent or cannot be located, the adoption process can get a bit complicated. The custodial parent will need to file paperwork and prove that he or she has taken steps to gain consent from the other biological parent.
There are scenarios in which a court can terminate the parental rights of a non-custodial parent, such as in some cases of abandonment. Each situation is unique and will need to be addressed as such. A Newport News family law attorney can help file this paperwork and guide you through the necessary steps to complete the adoption, provided it can be done legally.
Home Studies and Virginia Stepparent Adoption
In agency adoption, home studies are required to make sure the prospective parents are suitable. In non-agency adoptions like stepparent adoptions, home studies or investigations are generally not required, but a Virginia court can order one in these cases if it feels further information is needed.
Your Newport News family law attorney can help you understand what the investigation process entails and can assist you in preparing for it.
Contacting a Newport News Family Law Attorney
At this vulnerable time, it's critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.
The Newport News family law attorneys at Hofheimer/Ferrebee represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes and advocating that you receive everything you are entitled to and need in order to start your new life. You can learn more by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar - 757-425-5200.
What Every Virginia Woman Should Know About Divorce is full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:
-- 20 guidelines for "separation under the same roof"
-- 13 critical factors used to determine spousal support
-- 3 types of property classification recognized by Virginia courts
-- 10 factors your judge must consider in a contested custody case
-- a formula to determine your percentage share of his retirement benefits
-- 38 Financial Records you should be aware of
-- 20 steps to prepare for divorce
-- 7 stages of divorce
-- 40 age-appropriate books about divorce for children
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